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The Second Circuit Speaks on Color Marks and the Aesthetic Functionality Doctrine

September 27, 2012

It is not often when fashion and style blogs cover federal court decisions, but the fashion world currently is abuzz with the Second Circuit's recently issued decision in <i>Christian Louboutin S.A. v. Yves Saint Laurent America Holdings, Inc.</i>

Seven Axioms for a New Marketing Paradigm

September 27, 2012

With the ongoing wave of change shattering traditional marketing models, there is a new paradigm that redefines the way firms market.

September 27, 2012

With so much being written and talked about in the legal marketing arena in reference to social media and other new forms of communication, the author takes a nostalgic look backward.

Movers & Shakers

September 27, 2012

Who's doing what; who's going where.

News Briefs

September 27, 2012

Highlights of the latest franchisng news from around the country.

Court Watch

September 27, 2012

Highlights of the latest franchising cases from around the country.

A Review of Legal Obligations Reps Owe Artists

September 27, 2012

In a dispute between the artist and a representative, the central issue typically revolves around the extent and nature of the legal duty owed to the artist by the particular representative, and whether that duty has been breached. In complicating instances, representatives may perform multiple functions and wear more than one hat.

Is Your Franchise Still Breaking the Gift Card Laws?

September 27, 2012

The potential ramifications of gift card laws are surprisingly extensive, from both a legal and practical perspective. For example, some federal record-keeping and anti-money-laundering requirements apply to the sale of all gift cards. There are also legal and practical concerns regarding what terms and conditions a franchisor should apply to its card.

Motivational Outreach for Law Firm Leaders

September 27, 2012

There are five lessons that law firm leaders can incorporate into their approach that will improve morale and tangibly increase productivity.

Class Action Waivers in Employment-Related Arbitration Agreements

September 27, 2012

For all employers, especially franchisors and franchisees who often utilize unique employment models, <i>Concepcion</i> and the cases interpreting it provide valuable lessons. Businesses have been given a road map for every contractual agreement in which arbitration provisions might appear, and the signposts point to fairness.

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How Secure Is the AI System Your Law Firm Is Using?
What Law Firms Need to Know Before Trusting AI Systems with Confidential Information In a profession where confidentiality is paramount, failing to address AI security concerns could have disastrous consequences. It is vital that law firms and those in related industries ask the right questions about AI security to protect their clients and their reputation.
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Intellectual Property
Pleading Importation: ITC Decisions Highlight Need for Adequate Evidentiary Support
The International Trade Commission is empowered to block the importation into the United States of products that infringe U.S. intellectual property rights, In the past, the ITC generally instituted investigations without questioning the importation allegations in the complaint, however in several recent cases, the ITC declined to institute an investigation as to certain proposed respondents due to inadequate pleading of importation.
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The Binding Effect of Plea Agreements In White Collar Crimes
Federal plea agreements sometimes state explicitly that they are limited to that one office and do not bind other U.S. attorney's offices. In this article, we discuss the circuit courts' competing approaches to interpreting the binding effect of plea agreements and the Department of Justice policy.
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Authentic Communications Today Increase Success for Value-Driven Clients
As the relationship between in-house and outside counsel continues to evolve, lawyers must continue to foster a client-first mindset, offer business-focused solutions, and embrace technology that helps deliver work faster and more efficiently.
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Compliance and Third-Party Risk Management
To gauge the level of risk and uncover potential gaps, compliance and privacy leaders should collaborate to consider how often they are monitoring third parties, what intelligence they are gathering with and about their partners and vendors, and whether their risk management practices have been diminished due to cost and resource constraints.
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